Prosecution Insights
Last updated: April 19, 2026
Application No. 18/579,925

ELECTRIC EXCAVATOR

Non-Final OA §102
Filed
Jan 17, 2024
Examiner
SWENSON, BRIAN L
Art Unit
3613
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Komatsu Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
To Grant
90%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
752 granted / 930 resolved
+28.9% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
24 currently pending
Career history
954
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
46.9%
+6.9% vs TC avg
§102
31.1%
-8.9% vs TC avg
§112
17.6%
-22.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 930 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2012/0285757 issued to Atarashi et al. (Citation B in the IDS filed on 1/17/2024) Regarding Claim 1, Atarashi et al. teach in Figures 1-6 and respective portions of the specification of an electric excavator (1) comprising: an exterior cover including a first side panel (shown in Figure 2a) and a second side panel (shown in Figure 2a) opposite to each other in a left/right direction, a first vent (21) provided in the first side panel (see Figure 2a), and a second vent (24) provided in the second side panel (see Figure 2b); a battery (27) arranged between (see Figure 1) the first side panel and the second side panel and supplying power to a power source (8); a hydraulic equipment (7) arranged forward of the battery (27); and a cooling device including a cooling fan (12) and arranged facing an area (a portion of the fan faces between the battery and hydraulic equipment) located between the battery (27) and the hydraulic equipment (7) in plan view (see Figure 1) in the left/right direction. Regarding Claim 2, Atarashi et al. teach the cooling device is configured such that air (22) taken in from the first vent (21) by driving of the cooling fan (12) passes between (see Figure 1 where at least a portion of the airstream is between the battery and hydraulic equipment) the battery (27) and the hydraulic equipment (7) and is discharged (25) from the second vent (24). Regarding Claim 3, Atarashi et al. teach a partitioning member (see the structural wall located just below element 14 in Figure 1) arranged between the battery (27) and the hydraulic equipment (7). Regarding Claim 5, Atarashi et al. teach at least part of the cooling device (12) faces (see Figure 1) the hydraulic equipment (7) in a direction in which a rotation axis of the cooling fan (12) extends. Allowable Subject Matter Claim 4, 6 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the primary reason for the indication of allowable subject matter is the inclusion of in re claim 4 where the cooling device is sends air to each of the area on the battery side relative to the partitioning member and the area on the hydraulic equipment side relative to the partitioning member; in re claim 6 where the cooling device faces the battery in a direction in which a rotation axis of the cooling fan extends; in re claim 7 where an oil cooler faces the hydraulic equipment in a direction in which a rotation axis of the cooling fan extends and a radiator facing the battery in the direction in which the rotation axis of the cooling fan extends, in combination with the other elements recited, not found in the prior art of record. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L SWENSON whose telephone number is (571)270-5572. The examiner can normally be reached Monday - Friday (9-5). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. BRIAN SWENSON Primary Examiner Art Unit 3618 /BRIAN L SWENSON/Primary Examiner, Art Unit 3613
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Prosecution Timeline

Jan 17, 2024
Application Filed
Dec 22, 2025
Non-Final Rejection — §102
Mar 25, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600217
HEAVY-DUTY VEHICLE SUBFRAME WITH BATTERY STORAGE STRUCTURE
2y 5m to grant Granted Apr 14, 2026
Patent 12600416
RETRACTABLE FENDER FLARE DEVICE
2y 5m to grant Granted Apr 14, 2026
Patent 12600247
BATTERY ATTACHING/DETACHING STRUCTURE
2y 5m to grant Granted Apr 14, 2026
Patent 12600246
ADJUSTABLE THERMAL MID-BEAM MEMBER FOR SEPARATING BATTERY CELL ROWS IN A BATTERY ASSEMBLY
2y 5m to grant Granted Apr 14, 2026
Patent 12583304
VEHICLE BODY
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
90%
With Interview (+9.5%)
1y 11m
Median Time to Grant
Low
PTA Risk
Based on 930 resolved cases by this examiner. Grant probability derived from career allow rate.

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